How is Criminal Law Unique?
Serving in Lebanon, Nashville and Mt. Juliet, TN
Presumption of innocence
Criminal law is unique in that those accused of a crime are presumed innocent until proven guilty. The prosecuting attorney must prove guilt beyond a reasonable doubt in order to convict someone of a crime in Lebanon, Tennessee. The presumption of innocence is what criminal defense attorneys will build your defense on. Prosecuting attorneys will collect evidence and witnesses to testify against you and to prove your guilt.
The criminal defense lawyers at Lowery, Lowery & Cherry will develop a defense that casts doubt on the prosecution’s case. Defense attorneys perform their own investigations of the crime, often hiring private investigators and expert witnesses to refute the prosecution’s evidence against you. Your attorney will also cross examine the prosecution’s witnesses, trying to expose questionable character, motives and testimony. If the defense attorney can create enough doubt for the jury, you will have to be presumed innocent and released.
Rights of the accused
Criminal law is also unique in that it provides the accused Miranda and due process rights. These rights include the right to remain silent, the right to an attorney and the right to a fair trial. If any of these rights are withheld or denied, the accused may be able to avoid the charges being brought. Lawyers at Lowery, Lowery & Cherry will thoroughly review your case to determine if your rights have been violated and will also fight to preserve and protect your rights.
Negotiations between the prosecution and defense in a criminal case are called plea bargaining. Plea bargaining is unique to criminal law in that the attorneys are trying to negotiate a reduced charge, dropping of some charges, or a more lenient sentence in exchange for the defendant’s guilty plea. Often, the plea is to a lesser offense.
These unique features of criminal law all highlight the need for an experienced and knowledgeable criminal defense attorney. If you find yourself accused of a crime in Lebanon or Mt. Juliet, Tennessee, contact Lowery, Lowery & Cherry. Our attorneys will ensure your rights are protected and that you receive the best defense available.